Mt. Juliet and Lebanon TN
Divorce laws can vary across the country, but Tennessee has specific laws that you should be aware of and be prepared for should you decide to proceed with a divorce. Today on the blog, we will discuss grounds for divorce in Tennessee, property division, and child custody and support.
Tennessee divorce law requires that at least one of the two spouses is a legal resident of the state at least six months prior to filing for divorce.
Grounds for Divorce in Tennessee
Tennessee is considered a mixed state. Meaning you choose fault or no-fault grounds when filing for divorce. If you aren’t sure which one is best in your case, here are some examples.
- Fault-based divorce is used in cases of adultery, cruelty (including physical and emotional abuse) or abandonment.
- No-fault-based divorce is more or less incompatibility or irreconcilable differences. In cases where a couple has been separated for two years or more, this would be grounds for a no-fault divorce as well.
It is important to note that if you are unsure of the grounds of your divorce that you meet with an experienced divorce attorney in Mt. Juliet to discuss your case with you.
Property Division
Tennessee divorce law seeks to divide property and assets in a way that is fair and impartial or equitable. However, equitable is not the same as equal, which is 50/50. Although each spouse is the owner of his or her income or contributions to the marriage, during a divorce all property and assets, including money, is divided in an equitable manner, which may not be equal.
Child Custody and Support
Joint custody is usually more desirable by the courts since it is in the best interest of the children. This way, both parents can maintain a healthy relationship with the children. However, joint custody is not always feasible, especially in special circumstances. A Tennessee divorce judge will take into account living arrangements, visitation schedules, and other details relating to sharing time with the children into account when making a decision. As always, keeping the best interests of the children in mind is of utmost importance.
Regarding child support, both parents are legally obligated to financially support their children regardless of how often the children visit each parent. With that being said, child support is based on income and resources from both parents, as well as other unique factors involved in the case. It is difficult to say how much child support will be due because that is not a one-size-fits-all answer.
Like most legal cases, a divorce is no different. You should seek the advice of a skilled and experienced divorce attorney in Nashville that understands the ins and outs of divorce law in Tennessee.
Nashville Divorce Attorney
In the end, deciding who to hire is up to you. Be sure that you feel comfortable with your attorney and his or her abilities to fight and win your case. If you are considering a divorce in Tennessee, come and see us at the Law Office of Yancy Belcher for a free consultation.
To learn more about the services we offer or to schedule your free divorce consultation, please contact us by calling (615) 773-2889.
The Law Office of Yancy Belcher has been serving clients in Middle Tennessee since 1999.